A bitter feud between three elderly residents, who divided a block of flats over a $5 million lottery win, has finally been settled in court.
Alan Way took legal action against Mark Peter Bowling, 76, and Moya Posa, 89, after the duo raked in the huge winnings.
The High Court heard the group lived in a social housing apartment complex in Elderslie, in Sydney’s south-west, and formed a lottery syndicate.
Mr Way claimed he was pushed out of the gambling industry after winning $5 million in August 2022 lottery.
However, Mr Bowling and Ms Posa argued that Mr Way had left their group just under a year earlier, in September 2021.
Judge James Hmelnitsky ruled Friday that Mr. Bowling was not a member of the syndicate at the time of the $5 million payout.
Mr. Way had submitted evidence in the form of diary entries detailing the dollars he contributed to the lottery group, up to and including the winnings.
However, Judge Hmelnitsky said he was “convinced with a relatively high degree of certainty that these notes were not made contemporaneously with the facts.”
A two-year dispute over a $5 million lottery win between elderly residents of a commission housing block has finally been resolved
“That said, I cannot accept Mr Way’s evidence that he contributed to the purchase of the winning ticket,” he said. Daily Telegraph reported.
Judge Hmelnitsky ruled that Mr Way had left the syndicate in 2021 after a dispute with Mr Bowling.
The relationship between the two deteriorated after Mr. Bowling confronted Mr. Way about making too much noise in his apartment with a friend named “Young Barry.”
Neither Mr Way nor his guests wore face masks in his apartment, despite Covid restrictions in place.
Mr. Bowling bought the winning ticket on August 5 and eight days later he and Mrs. Posa jointly claimed that he had won.
Mr Way learned of their victory later that month, but the size of the sum was not disclosed.
As a gesture of goodwill, Mr. Bowling gave Mr. Way a “gift” of $200,000.
Judge Hmelnitsky ruled that Alan Way had left the syndicate in 2021, a year before the victory, after a dispute with Mark Peter Bowling (pictured, stock lottery image)
The remaining money was sent around to the families of Mr. Bowling and Mrs. Posa so they could continue to receive their Social Security benefits.
Mr Way found out from another resident of the apartment block how much money the two had won and confronted them.
Mr Browling and Ms Posa left the building ‘abruptly’ after the argument and Mr Way brought his case against them.